§ 73.3603 Special waiver procedure relative to applications.
(a) In the case of any broadcast applications designated for hearing,
the parties may request the FCC to grant or deny an application upon
the basis of the information contained in the applications and other
papers specified in paragraph (b) of this section without the
presentation of oral testimony. Any party desiring to follow this
procedure should execute and file with the FCC a waiver in accordance
with paragraph (e) of this section, and serve copies on all other
parties, or a joint waiver may be filed by all the parties. Upon the
receipt of waivers from all parties to a proceeding, the FCC will
decide whether the case is an appropriate one for determination without
the presentation of oral testimony. If it is determined by the FCC
that, notwithstanding the waivers, the presentation of oral testimony
is necessary, the parties will be so notified and the case will be
retained on the hearing docket. If the FCC concludes that the case can
appropriately be decided without the presentation of oral testimony,
the record will be considered as closed as of the date the waivers of
all the parties were first on file with the FCC.
(b) In all cases considered in accordance with this procedure, the FCC
will decide the case on the basis of the information contained in the
applications and in any other papers pertaining to the applicants or
applications which are open to public inspection and which were on file
with the FCC when the record was closed. The FCC may call upon any
party to furnish any additional information which the FCC deems
necessary to a proper decision. Such information shall be served upon
all parties. The waiver previously executed by the parties shall be
considered in effect unless within 10 days of the service of such
information the waiver is withdrawn.
(c) Any decision by the FCC rendered pursuant to this section will be
in the nature of a final decision, unless otherwise ordered by the FCC.
(d) By agreeing to the waiver procedure prescribed in this section, no
party shall be deemed to waive the right to petition for
reconsideration or rehearing, or to appeal to the courts from any
adverse final decision of the FCC.
(e) The waiver provided for by this section shall be in the following
form:
Waiver
* Name of applicant
* Call letters
* Docket No.
The undersigned hereby requests the FCC to consider its application and
grant or deny it in accordance with the procedure prescribed in
§ 73.3603 of the FCC's rules and regulations. It is understood that all
the terms and provisions of ____ are incorporated in this waiver.
[ 44 FR 38511 , July 2, 1979]
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